JUDGMENT :

Rajeev Ranjan Prasad, J.

1. Matter has been heard at length.

2. The petitioner has preferred this writ application for issuance of an appropriate writs, orders or directions to the respondents to make the payments of entire pensionary benefits i.e. Pension, Gratuity the amount of G.P.F. Insurance and Leave Encashment with the statutory interest @ 10% per annum till the date of payment since the petitioner has already superannuated on 31.01.2016 from the post of Storekeeper of the Department of Chemistry of the respondent No. 6 but not a single penny has been paid.

3. It is the submission of learned counsel for the petitioner that the petitioner was duly appointed by the Vice Chancellor of the University in accordance with the provisions of Section 10(6) of the Bihar Universities Act, 1976. It is submitted that the petitioner served lastly in the Jawahar Lal Nehru College, Dehri-on-Sone, Rohtas (hereinafter referred to as 'College in question') and retired after about 38 years of service. He retired from service in the year 2016 and till the date of his retirement no proceeding was initiated against him. It is only after his retirement from service when he was looking for his retiral dues, he faced the difficulty. The Vigilance enquiry was set up to enquire into the matter regarding appointment and regularization of 129 non-teaching employees made by the Veer Kunwar Singh University in the year 2011, 2012 and 2013.

4. Learned counsel submits that later on by order contained in Memo no. 1386 dated 29.06.2019 issued by the Additional Chief Secretary, Department of Education, Government of Bihar and the follow up decisions of the University contained in Memo no. 1909 dated 15.07.2019, the Principal of the concerned College were directed to dispense with the services of the 129 non-teaching employees including this petitioner. It is submitted that the petitioner having already retired from service much before issuance of the order of the Additional Chief Secretary, Government of Bihar, there was no question of dispensing with his services. Those orders of the Additional Chief Secretary and the University were challenged in CWJC No. 12657 of 2017 and other analogous matters.

5. It is submitted that by a judgment dated 16.09.2019 the learned coordinate Bench of this Court quashed those orders. All the petitioners in the writ applications were directed to be reinstated in service. Learned counsel for the petitioner has informed this Court that on legal advice the petitioner had also challenged those orders in CWJC No. 13728 of 2017 which was analogous to CWJC No. 12657 of 2017.

6. Learned counsel for the petitioner further submits that since then this petitioner has been paid only the group insurance amount and some part of the provident fund amount. The petitioner is still looking for his gratuity, leave encashment and pension. Learned counsel for the petitioner submits at this stage that the petitioner has not been paid full provident fund amount and according to him the P.F. for the period he was serving in Jawahar Lal Nehru College i.e. from 06.09.2011 till the date of retirement i.e. 31.01.2016, is still unpaid.

7. Learned counsel for the petitioner submits that from Annexure 6 series' this Court may find that in the case of several other persons similarly situated, have been paid by the respondents in compliance of the directions issued by learned coordinate Benches of this Court in different proceedings. The orders passed by learned co-ordinate Benches of this Court in CWJC No. 17044 of 2007, CWJC No. 6618 of 2016, CWJC No. 14145 of 2016, CWJC No. 1377 of 2010 and its analogous cases and CWJC No. 11856 of 2017 have been brought on record.

8. Learned counsel for the State has taken this Court through the stand of the State as disclosed in paragraph 5' onwards in the supplementary counter affidavit. The submission on behalf of the State is that the very appointment/regularization of the petitioner was not done in accordance wit